- Posts: 10
× Members
PIP and driving
- Jayjay
- Topic Author
- Offline
Less More
1 year 4 months ago #281260 by Jayjay
PIP and driving was created by Jayjay
Hi all,
I'm after some advice please.
I've had my dreaded PIP telephone assessment and have been awarded nil points by decision maker at DWP.
The assessor has determined that as I may be able to drive a car once a fortnight if I feel able then I can do all other PIP descriptors!
I did state clearly I haven't driven for weeks and when I do, I must have someone with me and take painkillers. I would also only go local.
This has not been mentioned in the report at all.
They also state no input for mental health despite me and my advocate telling the assessor I'm currently under 2 different mental health services for regular ongoing support. I cannot take antidepressants due to bad side affects.
This has not been mentioned in the report at all.
How best to challenge this if they are just going to ignore what I say and omit it from their report.
Thanks
I'm after some advice please.
I've had my dreaded PIP telephone assessment and have been awarded nil points by decision maker at DWP.
The assessor has determined that as I may be able to drive a car once a fortnight if I feel able then I can do all other PIP descriptors!
I did state clearly I haven't driven for weeks and when I do, I must have someone with me and take painkillers. I would also only go local.
This has not been mentioned in the report at all.
They also state no input for mental health despite me and my advocate telling the assessor I'm currently under 2 different mental health services for regular ongoing support. I cannot take antidepressants due to bad side affects.
This has not been mentioned in the report at all.
How best to challenge this if they are just going to ignore what I say and omit it from their report.
Thanks
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8405
1 year 4 months ago #281262 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP and driving
Hi Jayjay
Do have a look at the guide to PIP Appeals - which also has the information for putting in for a Mandatory Reconsideration. There is also a guide on how to challenge a medical report. benefitsandwork.co.uk/guides-for-claimants/pip
I'm sorry that you find yourself in this position. You are not alone in falling foul of an assessors view of driving and assuming that it means you can do everything else. Have a look at the post I've linked here. It may help you in trying to form a response. benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving. I would definitely focus on the fact that you rarely drive and the need for supervision. Be careful about the emphasis you put on the need to take painkillers to drive. We have had at least two members of B&W that I know of who lost their licences because the DWP wrote to the DVLA and said that if the claimants are as bad as they said they were - then they shouldn't be driving. (This has also happened to someone recently at a Tribunal). I'm not trying to scare you; just telling you to be cautious and think through your argument. One common thing for a claimant to say is because of a medical condition, they can't carry pots and pans and are therefore unable to cook for themselves. Then they say that they drive, and unless someone has a car with adapted controls, the DWP assumes that if they have the upper body strength needed to do that, they could also carry a pan of water. So that's why when trying to argue against it, I would focus on the fact you rarely drive, you only do a short distance, and it requires more than the normal effort to do so. Also, if you drive because you couldn't use a bus, or walk, or take a cab - say so - because they are supposed to look at the whole picture - not just focus on you driving.
Not mentioning your mental health support is just poor, and it is easy for you to refute it. You say that the assessor was "mistaken" and then repeat any evidence that you put on your form and/or what you said at the assessment.
I'm afraid, they do often omit or get things wrong. Frustrating for anyone that this happens to. All you can do is point out the error. Don't call the assessor a liar (even if you think they are).
You have four weeks from the date on the decision letter to put in for an MR. After you've looked at the guides if you have any other questions, come back and ask, and we will try and help.
BIS
Do have a look at the guide to PIP Appeals - which also has the information for putting in for a Mandatory Reconsideration. There is also a guide on how to challenge a medical report. benefitsandwork.co.uk/guides-for-claimants/pip
I'm sorry that you find yourself in this position. You are not alone in falling foul of an assessors view of driving and assuming that it means you can do everything else. Have a look at the post I've linked here. It may help you in trying to form a response. benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving. I would definitely focus on the fact that you rarely drive and the need for supervision. Be careful about the emphasis you put on the need to take painkillers to drive. We have had at least two members of B&W that I know of who lost their licences because the DWP wrote to the DVLA and said that if the claimants are as bad as they said they were - then they shouldn't be driving. (This has also happened to someone recently at a Tribunal). I'm not trying to scare you; just telling you to be cautious and think through your argument. One common thing for a claimant to say is because of a medical condition, they can't carry pots and pans and are therefore unable to cook for themselves. Then they say that they drive, and unless someone has a car with adapted controls, the DWP assumes that if they have the upper body strength needed to do that, they could also carry a pan of water. So that's why when trying to argue against it, I would focus on the fact you rarely drive, you only do a short distance, and it requires more than the normal effort to do so. Also, if you drive because you couldn't use a bus, or walk, or take a cab - say so - because they are supposed to look at the whole picture - not just focus on you driving.
Not mentioning your mental health support is just poor, and it is easy for you to refute it. You say that the assessor was "mistaken" and then repeat any evidence that you put on your form and/or what you said at the assessment.
I'm afraid, they do often omit or get things wrong. Frustrating for anyone that this happens to. All you can do is point out the error. Don't call the assessor a liar (even if you think they are).
You have four weeks from the date on the decision letter to put in for an MR. After you've looked at the guides if you have any other questions, come back and ask, and we will try and help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David